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Man Challenges Pot Ticket Using Denver's I-100 Measure

Voters Last Month Passed Ordinance That Makes It Legal To Possess 1 Ounce

POSTED: 11:16 am MST December 1, 2005
UPDATED: 11:26 am MST December 1, 2005

A Denver resident is using the recently passed I-100 measure to challenge a ticket he received for possessing pot.

Real estate consultant Eric Footer is headed to court Thursday to challenge his arrest on a marijuana possession charge.

Footer said he thought there'd be no problem when a police officer found marijuana in his car because he thought possession was legal in Denver.

Denver voters last month passed I-100 which allows adults 21 years and older to carry and use up to one ounce of marijuana.

Authorities say the initiative passed last month is virtually meaningless because of state and federal laws that make even small amounts of marijuana illegal.

Footer thinks that's wrong. He says he doesn't understand why authorities aren't enforcing the new city ordinance.

The group Safer Alternative For Enjoyable Recreation or SAFER is speaking out and telling us the first person cited will be the first to take the case to trial.

Footer is getting legal support from proponents of legalizing marijuana. He plans to go to court Thursday and refuse to pay $200 in state fines.

Court officials say a date for his arraignment will be set.

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